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authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
, this investigation still very much continuing. justice departments saying the suspect will not be read his miranda rights. they are invoking the public safety exception. it's allowed in cases of immediate danger. meanwhile mccain and lindsay graham said dzhokhar tsarnaev should be treated as a potential enemy combatant. they said now that the suspect is in custody is the last thing we should want is for him to remain silent. under a law of war we can hold the suspect to a enemy combatment not entitled to miranda warnings or the appointment of counsel. the older brother, he was killed on friday, and they investigated him at the request of a foreign government, and they did not find any ties to terrorism. and we are joined from london by a counterterrorism expert, and mike sullivan here is a former acting director of the bureau of tobacco, firearms and explosives. let's start with you in london, will. the fbi talked to this man in 2011. it does beg the question, did they miss something when they talked to tamerlan tsarnaev? >> well, it's always very difficult to say. however, having said that, if yo
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
are not reading his miranda rights and what this means for you, when we come back. mb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your family's future? we'll help you get there. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ children laughing ] ♪ ...is the smell of salt in the air. ♪ it's the sound a seashell makes. [ seagulls calling ] away...is a place that's beyond your imagination, yet well within your means. find your away. for a dealer and the rv that's right for you, visit gorving.com. >>> usa! usa! usa! usa! usa! usa! usa! >> that was the streets of boston and surrounding towns last night, clearly people so excited that
reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements still have to be voluntary. he can't be tortured. he can't be waterboarded.
decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a last year, and one of the questions is
in the decision. but they detoured not too far over. >> the decision not to read him his miranda rights even though at one point you see him getting out of the boat, in that picture he is conscience. how did that decision come about? >> this is a federal case involving a terrorism situation and i was not aware that in the federal system there can be a removal or a discontinuation of miranda rights in emergency situations. so that's exactly what happened. the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure th
this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then send other investigators out to try
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
should happen to boston bombing suspect dzhokhar tsarnaev. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got b
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be used against you in a court of law. well they didn't do that in the case of this suspect. that's because there's something called a public safety exception. and the public safety exception simply says that if you're concerned that there's a plot that is still afoot, if you're concerned there's an emergency, that there could be bombs somewhere else, the authorities don't have to read you your rights at that time. and that's basically what they have decided to do. but they are still going to have to do it eventually. >> joe johns, thank you so much. >>> it's one of the most visible signs that boston is beginning t
miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. to hold the suspect as an enemy combatant under these circumstances would be contrary to our laws and may even jeopardize our efforts to prosecute him for his
, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious procedure in a federal investigation. we believe it all started with videotape they were analyzing from a store across the street from the second explosion, we believe it was a lord & taylor, a man was identified, putting down something that officials believe proximated the type of bag that was holding what they thought was an explosive device in one of these that we have been showing you all morning. one of these pressure cookers. and they found him. we're not exactly sure. we don't know what the procedure was, what they cross referenced to find this particular individual. juliette and john said may have been a known person, but now in custody. >> it wasn't just the one video, we
Search Results 0 to 14 of about 15

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